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Vittal Mallya Scientific Research Foundation rep. by its Hon.Secretary K. Chandra Shekar v/s Indus Biotech Private Limited

    C.S. No. 815 of 2006
    Decided On, 25 March 2013
    At, High Court of Judicature at Madras
    By, THE HONOURABLE MR. JUSTICE R. KARUPPIAH
    For the Plaintiff: C. Saravanan, Advocate. For the Defendant: A. A. Mohan, Advocate.


Judgment Text
(Prayer : This Civil Suit is filed under order VI, Rule 1 of the O.S.Rules Read with Section 104 of the Patents Act, 1970 against the defendant seeking for the following reliefs:-

i) A permanent injunction restraining defendant, its men, assigness, transferees or agents or, retailers, dealers, or any person claiming through them from manufacturing, selling, marketing, dealing and/or offering for sale through media or through website or other modes of advertisement in the wholesale, retail outlets in domestic and international market or at any other point of purchase in the market in any manner the soluble double metal salt of HCA in violation of the plaintiff process patent No.182487;

ii) A permanent injunction restraining defendant, its men, assignees, transferees or agents or, retailers, dealers, or any person claiming through them from manufacturing, selling, marketing, dealing and/or offering for sale through media or through website or other modes of advertisement in the wholesale, retail outlets in domestic and international market or at any other point of purchase in the market in any manner the anti obesity beverages in market in violation of the plaintiff process patent No.182488;

iii) A permanent injunction restraining defendant, its men, assignees, transferees or agents or, retailers, dealers, or any person claiming through them from manufacturing, selling, marketing, dealing and/or offering for sale through media or through website or other modes of advertisement in the wholesale, retail outlets in domestic and international market or at any other point of purchase in the market in any manner the soluble double metal salt of HCA in market in violation of the plaintiff process patent No.182489;

iv) A permanent injunction restraining defendant, its men, assignees, transferees or agents or, retailers, dealers, or any person claiming through them from manufacturing, selling, marketing, dealing and/or offering for sale through media or through website or other modes of advertisement in the wholesale, retail outlets in domestic and international market or at any other point of purchase in the market in any manner the soluble double metal salt of HCA in market in violation of the plaintiff process patent No.182490.

v) A permanent injunction restraining defendant, its men, assignees, transferees or agents or, retailers, dealers, or any person claiming through them from manufacturing, selling, marketing, dealing and/or offering for sale through media or through website or other modes of advertisement in the wholesale, retail outlets in domestic and international market or at any other point of purchase in the market in any manner the soluble double metal salt of HCA in market in violation of the plaintiff process patent No.182810;

vi) A permanent injunction restraining defendant, its men, assignees, transferees or agents or, retailers, dealers, or any person claiming through them from manufacturing, selling, marketing, dealing and/or offering for sale through media or through website or other modes of advertisement in the wholesale, retail outlets in domestic and international market or at any other point of purchase in the market in any manner the soluble double metal salt of HCA in market in violation of the plaintiff process patent No.183849.

vii) Direct the defendant to deliver to the plaintiff for destruction all offending materials, stocks, booklets and other materials including raw material, inputs work in progress finished goods manufactured by the defendants in violation of plaintiff process patents for double metal salt of HCA;

viii) direct the defendants to render true account of profit made by them on sale of double metal salt of HCA in violation of the plaintiff process patents;)

1. Learned counsel appearing for the plaintiff is present and he filed a memo wherein it is stated as follows:-

"It is respectfully submitted that the above suit may be permitted to withdraw as "not pressed" with liberty to file a fresh suit at later stage if required without prejudice. It is therefore prayed that this Hon'ble Court may kindly be pleased to

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receive the memo and record the same and thus render justice." 2. Learned counsel appearing for the defendant reported that the suit may be dismissed, but, liberty to file a fresh suit cannot be granted. 3. Considering the contention of both sides, this Court is of the view that the suit may be dismissed as not pressed but liberty cannot be granted to file a fresh suit. Therefore, the Civil Suit is dismissed as not pressed. No costs.
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